Legal Question in Personal Injury in California

Signing a Settlement Agreement & Mutual Release before being informed of total c

My husband & I ''won'' a personal injury case last month in Superior Court. However, the amount awarded by the jury was very small. It was actually half the amount recommended by the defense attorney. We have now received a Settlement Agreement & Mutual Release from our attorney. We are being asked to sign the form so our attorney may exchange the settlement documents for the settlement check. However, we have not yet been informed of the court costs. Wouldn't it make sense for us to be informed of the costs before we sign all our rights away? Is our attorney trying to pull a fast one?


Asked on 8/13/01, 9:19 pm

2 Answers from Attorneys

Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Signing a Settlement Agreement & Mutual Release before being informed of tot

Your attorney should provide you with a full case accounting, including the legal fee, all costs, all medical bills and the net amount to the

Client(s). If you have not received one, you should request one as soon as possible.

Depending on the facts, you may have a case for malpractice against your attorney. Please contact me to discuss further. (714) 639-6582. Thank you.

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Answered on 8/20/01, 5:45 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Signing a Settlement Agreement & Mutual Release before being informed of tot

The answer to your first question is "Yes". Even though the amount of the court or jury award is set, you would still be entitled to a full accounting of the entire disbursement to include attorney's fees, all costs and any medical liens.

Is your attorney pulling a fast one? It is hard to say with the information you gave me. Unfortunately, that does sometimes happen. Simply advise your attorney in writing, if necessary that you want a full written account of what the disbursement will be. Discuss any questions with your attorney before you sign. Good luck.

Sincerely, Sam M. Eagle, 10101 Slater Avenue, Suite Number 218, Fountain Valley, Ca 92708;

Telephone: 714) 963-5123 Fax: (714) 964-9993

e-mail: www.firms.findlaw.com/eaglelaw007

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Answered on 8/27/01, 10:42 pm


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